HF 2518

as introduced - 90th Legislature (2017 - 2018) Posted on 03/28/2017 05:09pm

A bill for an act
relating to public safety; requiring peace officers to receive training in crisis
response, conflict management, and cultural diversity; reforming and increasing
funding for peace officer training reimbursement; providing reimbursement grants
for pathway to policing programs; authorizing the Peace Officer Standards and
Training Board to collect peace officer race data for a limited purpose; appropriating
money; amending Minnesota Statutes 2016, sections 171.20, subdivision 4; 357.021,
subdivision 7; 363A.08, subdivision 4; 626.8432, subdivision 1; 626.845,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 626.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 171.20, subdivision 4, is amended to read:

Subd. 4.

Reinstatement fee.

(a) Before the license is reinstated, (1) an individual whose
driver's license has been suspended under section 171.16, subdivisions 2 and 3; 171.175;
171.18; or 171.182, or who has been disqualified from holding a commercial driver's license
under section 171.165, and (2) an individual whose driver's license has been suspended
under section 171.186 and who is not exempt from such a fee, must pay a fee of $20.

(b) Before the license is reinstated, an individual whose license has been suspended
under sections 169.791 to 169.798 must pay a $20 reinstatement fee.

(c) When fees are collected by a licensing agent appointed under section 171.061, a
handling charge is imposed in the amount specified under section 171.061, subdivision 4.
The reinstatement fee and surcharge must be deposited in an approved state depository as
directed under section 171.061, subdivision 4.

(d) Reinstatement fees collected under paragraph (a) for suspensions under sections
171.16, subdivision 3, and 171.18, subdivision 1, clause (10), must be deposited in the
deleted text begin special revenue fund and are appropriated to the Peace Officer Standards and Training Board
for peace officer training reimbursement to local units of government deleted text end new text begin general fund new text end .

(e) A suspension may be rescinded without fee for good cause.

Sec. 2.

Minnesota Statutes 2016, section 357.021, subdivision 7, is amended to read:

Subd. 7.

Disbursement of surcharges by commissioner of management and budget.

(a) Except as provided in paragraphs (b), (c), and (d), the commissioner of management
and budget shall disburse surcharges received under subdivision 6 and section 97A.065,
subdivision 2, as follows:

(1) one percent shall be credited to the peace officer training account in the game and
fish fund to provide peace officer training for employees of the Department of Natural
Resources who are licensed under sections 626.84 to 626.863, and who possess peace officer
authority for the purpose of enforcing game and fish laws; new text begin and
new text end

(2) deleted text begin 39 percent shall be credited deleted text end new text begin the remainder shall be credited as follows:
new text end

new text begin (i) the first $....... new text end to the peace officers training account in the special revenue fund new text begin to
fund the operations of the Peace Officer Standards and Training Board new text end ; and

new text begin (ii) any remaining receipts to the general fund.
new text end

deleted text begin (3) 60 percent shall be credited to the general fund.
deleted text end

(b) The commissioner of management and budget shall credit $3 of each surcharge
received under subdivision 6 and section 97A.065, subdivision 2, to the general fund.

(c) In addition to any amounts credited under paragraph (a), the commissioner of
management and budget shall credit $47 of each surcharge received under subdivision 6
and section 97A.065, subdivision 2, and the $12 parking surcharge, to the general fund.

(d) If the Ramsey County Board of Commissioners authorizes imposition of the additional
$1 surcharge provided for in subdivision 6, paragraph (a), the court administrator in the
Second Judicial District shall transmit the surcharge to the commissioner of management
and budget. The $1 special surcharge is deposited in a Ramsey County surcharge account
in the special revenue fund and amounts in the account are appropriated to the trial courts
for the administration of the petty misdemeanor diversion program operated by the Second
Judicial District Ramsey County Violations Bureau.

Sec. 3.

Minnesota Statutes 2016, section 363A.08, subdivision 4, is amended to read:

Subd. 4.

Employer, employment agency, or labor organization.

(a) Except when
based on a bona fide occupational qualification, it is an unfair employment practice for an
employer, employment agency, or labor organization, before a person is employed by an
employer or admitted to membership in a labor organization, to:

(1) require or request the person to furnish information that pertains to race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance, familial
status, disability, sexual orientation, or age; or, subject to section 363A.20, to require or
request a person to undergo physical examination; unless for the sole and exclusive purpose
of national security, information pertaining to national origin is required by the United
States, this state or a political subdivision or agency of the United States or this state, or for
the sole and exclusive purpose of compliance with the Public Contracts Act or any rule,
regulation, or laws of the United States or of this state requiring the information or
examination. A law enforcement agency may, after notifying an applicant for a peace officer
or part-time peace officer position that the law enforcement agency is commencing the
background investigation on the applicant, request the applicant's date of birth, gender, and
race on a separate form for the sole and exclusive purpose of conducting a criminal history
check, a driver's license check, and fingerprint criminal history inquiry. The new text begin Peace Officer
Standards and Training Board may request each license applicant and renewing license
applicant to provide their race for the exclusive purpose of determining the aggregate racial
composition of peace officer licensees and license applicants. Each new text end form shall include a
statement indicating why the data is being collected and what its limited use will be. No
document which has date of birth, gender, or race information will be included in the
information given to or available to any person who is involved in selecting the person or
persons employed other than the background investigator. No person may act both as
background investigator and be involved in the selection of an employee except that the
background investigator's report about background may be used in that selection as long as
no direct or indirect references are made to the applicant's race, age, or gender; or

(2) seek and obtain for purposes of making a job decision, information from any source
that pertains to the person's race, color, creed, religion, national origin, sex, marital status,
status with regard to public assistance, familial status, disability, sexual orientation, or age,
unless for the sole and exclusive purpose of compliance with the Public Contracts Act or
any rule, regulation, or laws of the United States or of this state requiring the information;
or

(3) cause to be printed or published a notice or advertisement that relates to employment
or membership and discloses a preference, limitation, specification, or discrimination based
on race, color, creed, religion, national origin, sex, marital status, status with regard to public
assistance, familial status, disability, sexual orientation, or age.

(b) Any individual who is required to provide information that is prohibited by this
subdivision is an aggrieved party under sections 363A.06, subdivision 4, and 363A.28,
subdivisions 1 to 9.

Sec. 4.

Minnesota Statutes 2016, section 626.8432, subdivision 1, is amended to read:

Subdivision 1.

Grounds for revocation, suspension, or denial.

(a) The board may
refuse to issue, refuse to renew, refuse to reinstate, suspend, revoke eligibility for licensure,
or revoke a peace officer or part-time peace officer license for any of the following causes:

(1) fraud or misrepresentation in obtaining a license;

(2) failure to meet licensure requirements; deleted text begin or
deleted text end

(3) a violation of the standards of conduct set forth in Minnesota Rules, chapter 6700 new text begin ;
or
new text end

new text begin (4) failure to provide information in response to a request from the board made pursuant
to section 626.845, subdivision 1, clause (12) new text end .

(b) Unless otherwise provided by the board, a revocation or suspension applies to each
license, renewal, or reinstatement privilege held by the individual at the time final action
is taken by the board. A person whose license or renewal privilege has been suspended or
revoked shall be ineligible to be issued any other license by the board during the pendency
of the suspension or revocation.

Sec. 5.

Minnesota Statutes 2016, section 626.845, subdivision 1, is amended to read:

Subdivision 1.

Powers and duties.

The board shall have the following powers and
duties:

(1) to certify postsecondary schools to provide programs of professional peace officer
education based on a set of board-approved professional peace officer education learning
objectives;

(2) to issue certificates to postsecondary schools, and to revoke certification when
necessary to maintain the objectives and purposes of sections 626.841 to 626.863;

(3) to license peace officers who have met the education and experience requirements
and passed examinations as required by the board;

(4) to develop and administer licensing examinations based on the board's learning
objectives;

(5) to consult and cooperate with continuing education providers for the development
of in-service training programs for peace officers;

(6) to consult and cooperate with postsecondary schools for the development and
improvement of professional peace officer education;

(7) to consult and cooperate with other departments and agencies of the state and federal
government concerned with peace officer standards and training;

(8) to perform such other acts as may be necessary and appropriate to carry out the
powers and duties of sections 626.841 to 626.863;

(9) to obtain criminal conviction data for persons seeking a license to be issued or
possessing a license issued by the board. The board shall have authority to obtain criminal
conviction data to the full extent that any other law enforcement agency, as that term is
defined by state or federal law, has to obtain the data;

(10) to prepare and transmit annually to the governor a report of its activities with respect
to allocation of money appropriated to it for peace officers training, including the name of
each recipient of money for that purpose and the amount awarded; deleted text begin and
deleted text end

(11) to assist and cooperate with any political subdivision or state law enforcement
agency that employs persons licensed by the board to establish written policies as mandated
by the state pertaining to persons licensed by the board, and to enforce licensing sanctions
for failure to implement these policies deleted text begin . deleted text end new text begin ; and
new text end

new text begin (12) to collect aggregate data on the race of license applicants and license holders for
the sole purpose of identifying the aggregate racial composition of those seeking to become
and those currently serving as licensed peace officers. The board shall request this information
at the time an applicant submits a license request and when a license holder applies to renew
the officer's license.
new text end

In addition, the board may maintain data received from law enforcement agencies under
section 626.87, subdivision 5, provide the data to requesting law enforcement agencies who
are conducting background investigations, and maintain data on applicants and licensees
as part of peace officer license data. The data that may be maintained include the name of
the law enforcement agency conducting the investigation and data on the candidate provided
under section 626.87, subdivision 5, clauses (1) and (2).

Sec. 6.

new text begin [626.8469] TRAINING IN CRISIS RESPONSE, CONFLICT MANAGEMENT,
AND CULTURAL DIVERSITY.
new text end

new text begin Subdivision 1. new text end

new text begin In-service training required. new text end

new text begin Beginning July 1, 2018, the chief law
enforcement officer of every state and local law enforcement agency shall provide in-service
training in crisis intervention and mental illness crises; conflict management and mediation;
and recognizing and valuing community diversity and cultural differences to every peace
officer and part-time peace officer employed by the agency. The training shall comply with
learning objectives developed and approved by the board and shall meet board requirements
for board-approved continuing education credit. The training shall consist of at least 16
continuing education credits within an officer's three-year licensing cycle. Each peace officer
with a license renewal date after June 30, 2018, is not required to complete this training
until the officer's next full three-year licensing cycle.
new text end

new text begin Subd. 2. new text end

new text begin Record keeping required. new text end

new text begin The head of every local and state law enforcement
agency shall maintain written records of the agency's compliance with the requirements of
subdivision 1. The documentation is subject to periodic review by the board, and shall be
made available to the board at its request.
new text end

new text begin Subd. 3. new text end

new text begin Licensing sanctions; injunctive relief. new text end

new text begin The board may impose licensing
sanctions and seek injunctive relief under section 214.11 for failure to comply with the
requirements of this section.
new text end

Sec. 7. new text begin APPROPRIATION; PEACE OFFICER TRAINING REIMBURSEMENT
GRANTS.
new text end

new text begin $10,000,000 each year is appropriated from the general fund to the Peace Officer
Standards and Training Board for peace officer training reimbursement to local governments.
This is an ongoing appropriation that is part of the base budget.
new text end

Sec. 8. new text begin APPROPRIATION; PATHWAY TO POLICING REIMBURSEMENT
GRANTS.
new text end

new text begin $1,000,000 each year is appropriated from the general fund to the commissioner of
public safety for reimbursement grants to local units of government that operate pathway
to policing programs intended to bring persons with nontraditional backgrounds into law
enforcement. Applicants for reimbursement grants may receive up to 50 percent of the cost
of compensating and training pathway to policing participants. Reimbursement grants shall
be proportionally allocated based on the number of grant applications approved by the
commissioner.
new text end